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Cafcass and court process

5 replies

yummygummy · 07/04/2022 20:30

I started court proceedings for a lives with child arrangements order. My husband has been emotionally abusive and was actually arrested for coercive control late last year. No physical violence. But he had threatened to take the children from me and so I wanted it in black and white that they live with me. There is a non molestation order in place too, since he contested this I have had to spend so much of my savings on representation and I've basically run out of money ( I do not qualify for legal aid despite the abuse, due to my income).

So I was trying to settle out of court with him. He agreed to a lives with CAO in my favour and for contact to be built up from supervised, then unsupervised (provided no concerns raised from supervised sessions) and then overnight contact eow (provided he has suitable accommodation).

We were about to submit a consent order to confirm these details, and then Cafcass called to do the initial phone assessment. I informed them we were settling and she said she'd still need to do the assessment. Following on from that she told me they do not feel our agreements provide sufficient safeguarding for the children and I and that she will be recommending to the court that they do a section 7.

So does that mean it will be forced to go through the whole court process? I am ok with having Cafcass' input as it's been really difficult to decide what is best. BUT I won't be able to afford representation anymore and dread to think of it going through fact finding and all that on my own. Does anyone have experience of this? Is the judge likely to ask for the section 7 and will it then need to go through full court process? Thanks

OP posts:
Whiskeypowers · 08/04/2022 11:16

Fact findings are not always ordered
If CAFCASS are raising safeguarding concerns then you need to listen and suspend or retreat immediately from any contact arrangements you’ve come up with.
It may well be that they are recommending an outcome which is manifestly better for your child and you.

yummygummy · 08/04/2022 15:05

Thank you, I already told them I won't proceed to unsupervised contact. I assumed it would mean a long drawn out process through court but sounds like it could potentially be more straightforward.

OP posts:
JusticeSystem · 16/04/2022 20:06

If there's domestic abuse don't you qualify for legal aid?

yummygummy · 16/04/2022 21:12

@JusticeSystem

If there's domestic abuse don't you qualify for legal aid?
I thought so too, but been through two assessments and income is too high. All savings already gone on court action to date (he contested non mol).
OP posts:
Countdownis35 · 21/04/2022 18:39

Can you represent yourself OP? I last had a hearing in summer and it was over teams. I know there's a free support service someone you can speak to they do not speak on your behalf during the hearing..however they will listen to you after the hearing they call you after and before the court hearing.

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